STATE v. FROST

No. 81-422.

306 N.W.2d 803 (1981)

STATE of Minnesota, Respondent, v. Al G. FROST, Jr., Appellant.

Supreme Court of Minnesota.

June 11, 1981.


Attorney(s) appearing for the Case

Friedberg & Peterson, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Thomas L. Johnson, County Atty., and Vernon E. Bergstrom, Chief, Appellate Section, Asst. County Atty., Minneapolis, for respondent.

Considered and decided by the court en banc without oral argument.


SHERAN, Chief Justice.

This is an appeal from a number of concurrent sentences for convictions of five charges of theft by swindle over $150 committed by defendant before the Sentencing Guidelines became effective. The trial court, proceeding under the Guidelines even though technically not required to do so, departed from the presumptive sentence — which would have been to place defendant, who is a "first offender," on probation — and sentenced him...

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